1572 NOBTH ATLANTIC COAST FISHERIES ARBITRATION. 



And it is in that passage that a single seine is described as having 

 taken 3,000 barrels of herrings. There Canada was stating its full 

 case for damages as to the Magdalen Islands, and they admitted that 

 we had a right to fish up to the shore; and the thing that they said 

 we could not do was to step on the shore, in carrying on the opera- 

 tions of fishing squarely admitting that the bays were open to us. 



In 1886 the " Bayard " was ordered out of Bonne Bay, up there on 

 the western coast of Newfoundland. I do not know but that it is 

 entirely familiar, but here it is on the map (indicating). And the 

 "Mascot" was ordered out of Port Amherst on the Magdalens, 

 The matter was called to the attention of the British Government, 

 and the warning notices were withdrawn, and the collector of cus- 

 toms at Port Amherst said he never ordered the American captain 

 not to fish; said that he told him where he could fish, and showed 

 him on the map where he could fish, but told him that he could not 

 buy bait, and must not ship a crew. And his report was sent for- 

 ward as disproving the United States claim that they had been inter- 

 fered with in their rights to fish. 



With reference to this matter of the " Mascot " and the " Bayard," 

 I refer to pp. 66 and 67 of the British Counter-Case : 



" These warning notices related, first, to fishery rights, and, sec- 

 ondly, to purchases in connection with fishery operations ; and so far 

 as they referred to fishery rights, they were clearly improper in so 

 far as they applied to treaty coasts." 



So that it w r as not possible even for the person or persons who 

 prepared the British Counter-Case to keep in mind when they were 

 discussing Question 7, that they were claiming under Question 6 

 that we had no right to fish on the treaty coast a square and com- 

 plete admission that the notice, so far as it related to fishing in the 

 bays of the treaty coasts, was an improper one. 



THE PRESIDENT : The notice to the " Bayard " was at Bonne Bay ? 



MR. ELDER: Yes. 



THE PRESIDENT: And Bonne Bay is on the treaty coast? 



MR. ELDER: The same notices seem to have been, in substance, 

 served on both of them. 



THE PRESIDENT: Yes. 



MR. ELDER: Because the correspondence discloses just the same 

 question. 



THE PRESIDENT : And they were both on the treaty coast ? 



MR. ELDER : Both on the treaty coast. 



In 1886, Lord Rosebery forgot about these treaty rights, and the 

 Treaty of Washington having expired, he asked Mr. Bayard (United 

 States Case Appendix, p. 755), through Sir Lionel West, if he would 

 issue a notice to American fishermen that they were now precluded 



